Interlocutory Application - Defamation - Whether Words Capable of Defamatory Meaning - Whether Defence Statement of Case Properly Pleaded - Qualified Privilege

CIVIL PROCEDURE RULES - RULE 26.3 (1) (a) - APPLICATION FOR STRIKING OUT FOR NON-COMPLIANCE WITH COURT ORDER

Application to strike out pursuant to Civil Procedure Rules – Distinction between “new proceedings” and “old proceedings” – Rule 73.3(1) of New CPR Rules – Old proceedings not within Hilary Term within Non-Hilary Term – Case Management Conference – Whether default judgment automatically struck out for failure to comply with Rule – Whether judgment enforceable

Negligence - Motor Vehicle Accident - Overtaking line of traffic - Whether vehicle being overtaken was negligent, or contributed to accident

Tort – Negligence – Personal Injury – Assessment of Damages – Injured party Died Before Assessment of Damages – Principles Involved in Assessing Damages Where Party Dies Before Assessment of Damages – Civil Practice and Procedure – Assessment of Damages – Quantum of Damages – Whether Assessment Should be Substantial Damages or Nominal Damages.

Land Law – Recovery of Possession – Whether or Not the Claimants are Entitled to Recovery of Possession of Property from the Defendant who is a Joint Owner of the Property Equity – Constructive Trust – Whether or not the Defendant Holds the Beneficial Interest in the Property in Trust for the Claimants – Whether or not the Claimants Have Rebutted the Presumption of Joint Legal and Beneficial Ownership in the Property Where Parties are Registered as Joint Tenants on the Registered Title

CONSTITUTIONAL LAW – ASSESSMENT OF DAMAGES FOR UNLAWFUL DETENTION OF 2,504 DAYS – FAILURE OF MACHINERY FOR TIMELY APPELLATE REVIEW – NO RECORD OF APPEAL PRODUCED - CLAIMANT SERVED SIX YEARS EIGHT MONTHS IN EXCESS OF SENTENCE AS A RESULT – DUE PROCESS RIGHTS BREACHED – PRIVY COUNCIL REMITS FOR REHEARING ON SENTENCE – TAPERED RATE – VINDICATORY DAMAGES AWARDED

CONSTITUTIONAL RELIEF  MALICIOUS PROSECUTION  CHAIN OF CUSTODY  NO CASE SUBMISSION UPHELD  PROSECUTION’S CASE MADE OUT ON EVIDENCE  PROPER CASE TO LAY BEFORE THE COURT DESPITE FINDING OF PARISH COURT

NEGLIGENCE - MOTOR CAR COLLIDES WITH BUS MAKING TURN

Civil Procedure - CPR rule 16.2 - Assessment of damages after default judgment CPR rule 26.8 - Rationale for approach and considerations for the court on applications for relief from sanctions